Two Separate Reports by the State Restructuring Commission (January 29-February 4)

Sunday, February 5, 2012
Written By: Bhuwan KC/ Tilak Pathak

The State Restructuring Commission (SRC) could not come up with a consensus report. In the absence of agreement on disputed issues, the members divided into majority and minority groups. The Coordinator Madan Pariyar, Stella Tamang, Malla K Sundar, Bhogendra Jha, Krishna Hachhethu, and Surendra Mahato were in one camp and Ramesh Dhungel, Sabitri Gurung, and Sarbaraj Khadka were in the other camp. The majority report submitted to prime minister Baburam Bhattarai included the dissentions by the minority group, but minority group submitted a separate report to the prime minister.

The majority report has proposed 11 states, namely, Limbuwan, Kirant, Tamsaling, Newa:, Narayani, Tamuwan, Magarat, non-geographic state for Dalits, Karnali-Khaptad, Madhes-Mithila-Bhojpura, and Madhesi-Awadh-Tharuwan. The minority report has proposed six states with the names to be decided by the parliament.

The differences between the majority and minority of the Commission included the preamble, local bodies, preferential political rights, right to self-determination, name and demarcation of the states, and others. The minority group stated that it submitted a separate report after there was no consensus on the fundamental issues on state restructuring. The majority group stated that there was no consensus because the minority group members could not rise above their political interests, and included their report as a note of dissent.

Congress and UML had stated before submission of the report that they would not accept if there were two reports of majority and minority. After the report was submitted, UML senior leader Madhav Kumar Nepal said that the report of the Commission had added further complication instead of solving the problem. The meeting of the UCPN (M) officials also concluded that the report was incomplete. The meeting concluded that the though the majority was sound in principle, there were some weaknesses, and decided not to accept the minority report. As there were discussions on the Commission reports, Congress senior leader Sher Bahadur Deuba said that if there was no consensus on state restructuring, there should be referendum on the issue.

The government submitted the report of the Commission to the Constituent Assembly (CA). Prime minister Baburam Bhattarai stated that since the CA decides makes the ultimate decision on state restructuring, the two separate reports should not be taken otherwise. On the other hand, CA chairperson Subash Nemwang stated that there was confusion about introducing the reports in the CA since the CA Regulations is not clear on it. He said that in the absence of clear Regulations, it could not be introduced for discussion since the Committee on State Restructuring and Distribution of State Power also had submitted its report. The CARegulations could not be amended even after Regulations amendment draft committee has formed as there was no consensus among the parties.

In the meantime, the leaders agreed to give additional 14 days to the Constitutional Committee to reach consensus on disputed issues. Then, the CA meeting took place which amended the calendar of events for constitution-drafting. The CA registered another application at the Supreme Court against its earlier decision to reject its application to review the Court’s decision on the CA deadline.

There was an all-party meeting of the parties in the CA. UCPN (M) chairperson Pushpa Kamal Dahal made proposals for the peace process, constitution-drafting, and a national consensus government. Congress and UML reiterated that the government should withdraw the decision of the Council of Ministers to legalise the land transactions conducted by the people’s government during the conflict.

There was some progress in army integration. The process of discharging those opting of voluntary retirement began. Teams of the Army Integration Special Committee (AISC) distributed cheques for half the amount due and disbursed travel allowances in the seven cantonments. Congress and UML kept stalled the proceedings of the CA demanding the withdrawal of the decision of the Council of Ministers to legalise the land transactions carried out by the people’s government during the conflict.

Major Developments

January 29 Congress vice-president Ram Chandra Paudel appoints 20 members to the Central Policy and Training Department.
Meeting of the CA decides to give 14 additional days to the Constitutional Committee to seek consensus on disputed issues.
15 organisations affiliated to UCPN (M) makes public their decision to put pressure on the government to not withdraw the decision of the Council of the Ministers to legalise the land transactions carried out by the people’s government during the conflict.
The CA registers another application at the Supreme Court against the Court’s decision to reject its previous application to review the decision of the Court that restricted the CA deadline extension to six months.
UML Bagmati Zone Coordination Committee makes public its proposal for seven states.
Meeting between UCPN (M) chairperson Pushpa Kamal Dahal and Maoist PLA commanders. Commanders put forward demands related to integration including rank harmonisation, bridging course, and formation of monitoring mechanism until integration is completed.
Meeting of the AISC makes detailed preparation to discharge those Maoist combatants opting for voluntary retirement.
Meeting of legislature-parliament is obstructed by Congress and UML demanding the withdrawal of the decision of the Council of Ministers to legalise the land transactions carried out by the people’s government during the conflict.
UML chairperson Jhala Nath Khanal states that there can be a national consensus government only after Baburam Bhattarai resigns from the post.
January 30 Congress president Sushil Koirala states that if UCPN (M) takes the peace process forward, there can be a consensus on constitution within seven days after that.
Congress senior leader states that since the dispute in the party started after dissolution of the working committee of the sister organisations, the dispute should be resolved honourably.
UCPN (M) chairperson Pushpa Kamal Dahal states that the discharge of Maoist combatants choosing voluntary retirement is per the agreement among the parties.
Prime minster Baburam Bhattarai asks that the government be utilised as it has made progress in the peace and constitution-drafting process that had been stalled for three years.
UML chairperson Jhala Nath Khanal accuses UCPN (M) of trying to disrupt the peace process by creating confusion in the country.
January 31 Meeting of the AISC decides to sends teams to the cantonment on February 2 to begin the discharge process of the combatants choosing voluntary retirement.
The Supreme Court issues a stay order until a final verdict against the decision of the Council of Ministers to legalise the land transactions carried out by the people’s government during the conflict.
The State Restructuring Commission submits its report to the government with note of dissent. The majority report proposes 11 states while the dissenting proposal has six states.
Meeting of the Council of Ministers. Prime minister Baburam Bhattarai expresses commitment to introduce the bill on inclusion and start the recruitment process of Madhesis into the Nepal Army.
The faction of Congress senior leader Sher Bahadur Deuba holds separate meetings of CA members and central members. They suggest Deuba to meet party president Sushil Koirala to resolve the disputes.
UML Secretary Yuvraj Gyawali terms it unfortunate that the State Restructuring Commission could not come up with a consensus reports, says it has added more disputes than solution.
Meeting between CA chairperson Subash Nemwang and prime minister Baburam Bhattarai. The chairperson draws attention of the prime minister to the stalled CA proceedings.
Meeting of UML Mahakali Zone-level in Mahendranagar emphasises the resignation of prime minister Baburam Bhattarai-led government to form a national consensus government before May 17, 2012.
February 1 Meeting of senior leaders of Congress and UML accuses UCPN (M) and the government of delaying the peace and constitution-drafting process.
UCPN (M) chairperson Pushpa Kamal Dahal expresses commitment to conclude the peace and constitution-drafting process at any cost.
Meeting of the CA. congress and UML demand the resignation of the prime minister Bhattarai, stall proceedings.
Meeting between UCPN (M) chairperson Pushpa Kamal Dahal and Congress president Sushil Koirala. Dahal expresses his commitment to respect the stay order issued by the Supreme Court on the decision of the Council of Minister to legalise land transactions by the people’s government during the conflict.
Congress senior leader Sher Bahadur Deuba states that the differences within the party escalated after appointment of Ram Chandra Paudel as vice-president and Krishna Prasad Sitaula as the general secretary.
UML chairperson Jhala Nath Khanal warns that if the political parties do not immediately solve the problems facing the country, it will lead to dangerous situation.
UML senior leader Madhav Kumar Nepal states that the report by the State Restructuring Commission has added more complications than solved the problem.
February 2 Meeting of the CA amends the calendar of events for constitution-drafting.
Meeting of all the parties represented in the CA. UCPN (M) chairperson Pushpa Kamal Dahal proposes a national consensus government and states a national consensus government is needed because no progress has been made in the peace and constitution-drafting process due to the absence of a national consensus government.
Prime minister Baburam Bhattarai submits the report of the State Restructuring Commission to the CA chairperson Subash Nemwang.
Political advisor to the prime minister Devendra Paudel clarifies that the statement of the prime minister to submerge the economy has been carelessly or deliberately misconstrued by the media.
Teams form AISC leave Kathmandu for the cantonments to begin the process of discharging the Maoist combatants opting for voluntary retirement.
Meeting between Congress president Sushil Koirala and senior leader Sher Bahadur Deuba is focused on resolving the internal disputes.
February 3 Meeting of Policy and Training Department of Congress decides to start discussion on the official position of the party on forms of government and federalism.
UML chairperson Jhala Nath Khanal accuses UCPN (M) making excuses one after another to disrupt the peace and constitution-drafting process.
Establishment of information centre at parliament office in Singha Durbar.
Nepal Bar Association stages a protest in the capital to put pressure on the political parties to conclude the peace process and draft the constitution.
The start of the discharge process of Maoist combatants from cantonments in Dudhauli, Sindhuli; Shaktikhor, Chitawan; Jhyaltungdanda, Nawalparasi.
February 4 UML senior leader Madhav Kumar Nepal expresses doubt on the drafting of the constitution within May 17, 2012.
Meeting of UCPN (M) officials concludes that the report of the State Restructuring Commission is incomplete.
Congress forms election committees in seven singer organisations aimed at resolving the intraparty disputes.
Meeting of parties represented in the CA gives responsibility to UCPN (M), Congress, and UML to find a way to resolve the political deadlock.
The secretariat of UCPN (M) chairperson Pushpa Kamal Dahal states that the house in Lazimpat occupied by the chairperson is on rent and not bought.
Congress senior leader Sher Bahadur Deuba states that there should be a referendum on state restructuring.